Understanding DUI/DWI Law in North Carolina: What to Know

DUI vs. DWI: What Do These Terms Mean?

Many people use “DUI” (Driving Under the Influence) and “DWI” (Driving While Impaired) interchangeably. In North Carolina, the primary charge you’ll hear is DWI, and it generally refers to operating a vehicle on a street, highway, or public vehicular area while impaired by alcohol, drugs, or a combination of both.

A DWI arrest can be frightening and confusing—especially if it’s your first time interacting with the criminal justice system. The good news is that you have rights, and there are clear steps you can take to protect yourself and your future.

How North Carolina Defines DWI (N.C. Law Basics)

North Carolina’s impaired driving law is found in N.C. Gen. Stat. § 20-138.1. In general, you can be charged with DWI if you drive:

• While under the influence of an impairing substance (alcohol, drugs, or both), or
• With a blood alcohol concentration (BAC) of 0.08% or more, or
• With any amount of a Schedule I controlled substance or its metabolites in your system (with limited exceptions).

North Carolina also has stricter standards for certain drivers, including:

• Commercial drivers (CDL): A lower BAC threshold may apply, and consequences can be severe.
• Drivers under 21: North Carolina’s “zero tolerance” approach can trigger license consequences even at very low alcohol concentrations.

Because the law can apply in multiple ways, a DWI case is not always as simple as “the breath test was over the limit.” The facts, the stop, the testing process, and your medical history can all matter.

What Happens During a Typical DWI Stop and Arrest?

Most DWI cases begin with a traffic stop. Law enforcement needs a lawful basis to stop your vehicle, such as a traffic violation, a checkpoint stop, or reasonable suspicion of impaired driving.

After the stop, an officer may look for signs of impairment, such as:

• Odor of alcohol
• Bloodshot eyes
• Slurred speech
• Unsteady balance
• Admissions of drinking or drug use

Field Sobriety Tests (FSTs)

You may be asked to perform field sobriety tests, like the walk-and-turn or one-leg stand. These tests are not always reliable, and nerves, injuries, fatigue, and certain medical conditions can affect performance.

Preliminary Breath Test (PBT)

Officers sometimes use a handheld breath test at the roadside. This is different from the evidentiary breath test typically administered later.

Chemical Testing: Breath, Blood, or Urine

North Carolina has implied consent laws (generally under N.C. Gen. Stat. § 20-16.2). By driving on North Carolina roads, you are deemed to have consented to chemical testing if lawfully arrested for DWI.

Refusing a chemical test can trigger immediate civil license consequences, even if you are not ultimately convicted. However, agreeing to testing can also produce evidence used by the prosecution. This is one of the many reasons it’s important to get legal advice quickly.

Immediate Consequences: License Issues and Civil Revocation

A DWI charge can affect your license quickly—sometimes before you ever go to court.

Civil Revocation After Arrest

Depending on the circumstances (such as a reported BAC at or above certain levels or a refusal), North Carolina may impose a civil license revocation. This is separate from the criminal case and can begin soon after the arrest.

Limited Driving Privilege (LDP)

Some drivers may be eligible for a limited driving privilege, which can allow driving for specific purposes (work, school, medical care, etc.) under strict conditions. Eligibility depends on factors like prior convictions, the alleged BAC, and whether there was a refusal.

Because deadlines and eligibility rules can be strict, it’s wise to speak with a DWI attorney promptly to evaluate whether an LDP is possible and what documentation you’ll need.

Criminal Penalties: Sentencing Levels in North Carolina

North Carolina uses a level-based sentencing system for DWI. The potential penalties can include:

• Jail time
• Fines and court costs
• Probation
• Substance abuse assessment and treatment
• License revocation
• Community service

Sentencing level is typically influenced by grossly aggravating factors, aggravating factors, and mitigating factors. Some examples include:

• Prior DWI convictions
• Driving with a child in the vehicle
• Causing an accident or injury
• High BAC (in some contexts)

Even a first offense can carry serious consequences, and repeat offenses can dramatically increase exposure. Beyond the statutory penalties, a conviction can affect employment, professional licensing, insurance rates, and immigration status for non-citizens.

Collateral Consequences: The Impacts People Don’t Expect

A DWI isn’t just a court date—it’s often a life disruption. Some of the most common long-term effects include:

• Insurance increases: Premiums can rise significantly, and some insurers may cancel coverage.
• Employment issues: Jobs involving driving, company vehicles, or background checks can be affected.
• Professional licensing: Nurses, educators, and other licensed professionals may face reporting requirements or discipline.
• College and financial aid concerns: Some programs or scholarships may be impacted.
• Immigration consequences: Certain charges and convictions can create immigration risks. If you are not a U.S. citizen, speak with an attorney immediately about potential consequences.

If you’re feeling overwhelmed, you’re not alone. Many good people face DWI charges after a single mistake, misunderstanding, or borderline situation. The key is responding strategically and quickly.

Common Defenses and Case Issues (Why Details Matter)

Every case is different, but a strong defense often starts by examining whether the state can prove each element beyond a reasonable doubt and whether the police followed the law.

Potential issues your attorney may review include:

• Was the stop lawful? If the stop lacked legal justification, evidence may be challenged.
• Were the tests administered properly? Field sobriety tests and chemical tests must follow protocols.
• Breath machine accuracy and maintenance: Calibration, operator certification, and observation periods can matter.
• Rising BAC: Alcohol absorption can mean BAC was lower at the time of driving than at the time of testing.
• Medical conditions and medications: GERD, diabetes, certain diets, or medications can sometimes affect results or perceived impairment.
• Drug impairment complexities: Drug DWI cases can involve blood tests, lab procedures, and expert interpretation.

A DWI defense is not about “getting off on a technicality.” It’s about ensuring the state’s evidence is reliable, your constitutional rights were respected, and the outcome is fair.

Practical Steps to Take After a DWI Arrest in Charlotte

If you or a loved one has been charged with DWI in Mecklenburg County or the Charlotte area, these steps can help protect your case:

1. Write down everything you remember as soon as possible: where you were, what you ate, what you drank (if anything), the timeline, medications, and what the officer said.
2. Preserve paperwork: citation, bond paperwork, revocation forms, and any receipts or records from the day.
3. Do not discuss the case on social media or with acquaintances. Statements can be used against you.
4. Comply with release conditions and show up to all court dates. Missed court can lead to additional charges and orders for arrest.
5. Address license issues immediately. If your license was revoked, ask an attorney about eligibility for a limited driving privilege and the steps needed.
6. Consider a substance abuse assessment proactively if advised by counsel. In some cases, early action can help with negotiations and sentencing.
7. Contact a DWI attorney promptly to evaluate defenses, deadlines, and strategy.

These steps won’t erase the charge, but they can make a meaningful difference in how your case is handled and what options are available.

What to Expect in the Court Process

DWI cases often involve multiple stages, including:

• First appearance / initial setting
• Discovery and evidence review (police reports, body camera footage, breath/blood records)
• Motions (challenging the stop, testing, or admissibility of evidence)
• Negotiations (when appropriate)
• Trial or plea and sentencing

The timeline can vary depending on court schedules and case complexity. A thorough legal review early on can help avoid surprises and put you in the best position to pursue the outcome you need.

How Vasquez Law Firm Can Help

At Vasquez Law Firm in Charlotte, we understand that a DWI charge can feel like your life is on pause. Our goal is to provide clear guidance, honest answers, and a defense strategy tailored to your situation.

We can help by:

• Explaining North Carolina DWI law and the specific allegations you face
• Reviewing the legality of the stop and arrest
• Analyzing breath, blood, or urine testing procedures and records
• Identifying potential defenses and negotiating where appropriate
• Advising on license restoration options and limited driving privileges
• Preparing for trial when necessary

Most importantly, we treat clients with dignity. A charge does not define you—and you deserve an advocate who takes your case seriously.

Call to Action: Get Answers and Protect Your Future

If you’ve been arrested for DWI in Charlotte or anywhere in Mecklenburg County, don’t wait to get legal help. The decisions you make now can affect your license, your job, and your record for years.

Contact Vasquez Law Firm today to schedule a confidential consultation. We’ll listen to your story, explain your options under North Carolina law, and help you take the next step with clarity and confidence.